On the same day that Larimer County investigators concluded their inquiry in the case of a 6-year-old boy thought to have floated across northern Colorado in a balloon, lawyers for his parents asked the district attorney to investigate Sheriff Jim Alderden for allegedly creating negative, pretrial publicity about the family.

In a letter sent Monday to DA Larry Abrahamson, attorney David Lane alleges that Alderden has “engaged in a concerted effort to prevent (the parents) from possibly receiving a fair trial” and asked for an investigation and the filing of a criminal action against the sheriff.

Richard and Mayumi Heene are under investigation for the Oct. 15 incident in which a homemade helium balloon escaped from their yard in Fort Collins and floated 50 miles across three counties, landing in a field a few miles northeast of Denver International Airport.

A global television audience was transfixed by coverage of the 2 1/2- hour flight because it was believed that Falcon Heene might have been trapped in the pilotless flying-saucer shaped craft.

The Heenes told authorities during the flight that they believed their son was on board.

The following day, the couple and their three sons, Falcon; Ryo, 8; and Bradford, 10; appeared on numerous national television morning shows claiming they didn’t know the boy had been hiding in the garage attic during the flight.

But based on media appearances, including one in which Falcon was heard to tell interviewers that he had remained hidden in the house because “you had said that we did this for a show,” Alderden launched an investigation and said he was referring the case to the Larimer County Department of Human Services.

On Oct. 18, Alderden called the incident a hoax based on statements by Mayumi Heene the day before, in which she allegedly said the launch of the craft had been planned as a way to generate publicity for the family’s quest to have a reality television show.

Alderden said then that the parents could be charged with criminal charges of conspiracy, making a false report to authorities, contributing to the delinquency of a minor and attempting to influence a public servant.

Alderden has not spoken publicly about the case since the Oct. 18 news conference.

Lane’s letter to Abrahamson complains that Alderden “continues to raise the specter of child protection concerns in his repeated statements to the media and has divulged that an investigation is ongoing.”

In the letter, Lane says Alderden has violated the state statute that requires all reports of child abuse or neglect to remain confidential and not be disseminated publicly.

Lane represents Richard Heene. He signed the letter on behalf of Mayumi Heene’s attorney, Lee Christian.

Neither Alderden nor Abrahamson would comment about Lane’s letter.

Abrahamson’s office also declined to comment about when charges may be filed in the case. Sheriff’s investigators turned their findings over on Monday to the DA’s office for a decision whether to file charges or not.

The DA’s office has requested additional information and will not make a charging decision until it has received that information. It did not give an expected date or deadline.

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